Not legal advice. General information about Australian family law only — not a substitute for a qualified lawyer, and not a solicitor–client relationship. Full disclaimer
Australia · Family Law Act 1975
Educational only · Not advice
How Australian family law works when relationships break down — divorce, parenting, property and safety — written so you can understand the map before you speak to a lawyer.
1975
Family Law Act (Cth)
12 months
Typical separation before divorce
No-fault
Divorce is not about blame
Best interests
The parenting starting point
FCFCOA
National family court (most states)
Not advice
Education only — get a lawyer
How the system is built
When a marriage or de facto relationship ends, people usually face some combination of four questions: has the marriage ended in law, how will children be cared for, how will property be adjusted, and is anyone unsafe. Those questions use different rules, different time limits and sometimes different buildings.
Most of this sits in the Family Law Act 1975 (Cth). Divorce, parenting and property for married couples — and, in most of Australia, de facto financial matters — are usually filed in the Federal Circuit and Family Court of Australia. Western Australia generally uses the Family Court of Western Australia. State and territory law still matters for protection orders, some child-protection issues and the names of local Legal Aid bodies.
This site rebuilds onlinefamilylawyer.com.au as a long-form educational guide. There was no usable historic article archive — the public Wayback captures were an empty shell — so the information architecture is greenfield. We cite public court and agency material. We do not invent case outcomes, success rates, or “we will win custody” claims. We do not host official court forms.
A year in this system is rarely one file. January can be a separation date and a school email. March can be a child-support assessment. Winter can be family dispute resolution if it is safe to sit in a process. A divorce application, if anyone wants one, usually waits until 12 months of separation have actually happened. Property has its own limitation clocks — often 12 months after a divorce becomes final, or 24 months after a de facto relationship ends. Waiting for “the divorce to come through” before you think about a house is how people spend those months without noticing.
State and territory overlap is real. Protection orders have local names (AVO, DVO, intervention order). Child-protection agencies are state bodies. Legal Aid commissions each run their own means and merit tests. This site will say “check your place” rather than invent a uniform national brochure. Western Australia generally uses the Family Court of WA instead of the FCFCOA — that is not a footnote, it is a filing decision.
This website publishes general information about Australian family law. It is not legal advice, is not a substitute for advice from a qualified lawyer, and does not create a solicitor–client relationship. Family law is fact-specific. Statutes, court rules and agency processes change. Confirm current requirements with official sources and obtain personalised advice before you act.
At a glance
Marketing language talks about fights. The Act talks about children, safety, disclosure and a just and equitable result.
A divorce order legally ends a valid marriage. Parenting, child support, property and maintenance are separate processes. Many people finalise those before, during or after divorce — or never apply for divorce at all while remaining separated.
Parenting decisions under the Family Law Act are framed around the best interests of the child. There is no automatic “custody win.” Safety, the child’s needs, and each parent’s capacity matter more than a marketing promise.
Courts can alter property interests so the result is just and equitable. Contributions (including homemaker and parent contributions) and future needs are weighed. Adultery is not a property-adjustment factor.
Family violence is a safety issue first. It can affect FDR exceptions, parenting, and how a court manages a case. If you are in danger, contact police or 1800RESPECT — not a website form.
Most parenting applications need a genuine attempt at family dispute resolution and a section 60I certificate, unless an exception applies. Property disputes often use FDR or lawyer-assisted negotiation without that same certificate rule.
This site explains processes and definitions. A practising lawyer who is engaged for advice or appearance work is a different relationship: conflicts checks, retainers, court duties and confidentiality. We do not appear for you.
Pathways
Divorce, parenting, property, FDR, safety and the limits of online help. Start with the hub that matches the question you actually have — then read the safety page if violence is part of the story.
Divorce
No-fault divorce, the 12-month separation rule, and why a divorce order does not settle children or property.
Learn more →
Parenting
Best-interests principles, parenting plans versus orders, and when family dispute resolution is usually required.
Learn more →
Property
The high-level property-adjustment steps — identify the pool, contributions, future needs — without outcome promises.
Learn more →
Process
Most parenting court applications need a genuine attempt at family dispute resolution and a section 60I certificate, unless an exception applies.
Learn more →
Safety
Safety first: 000 and 1800RESPECT. How family violence intersects with FDR exceptions, parenting and court procedure — without treating it as a tactic.
Learn more →
Online help
Education and official links, not representation. How unbundled advice differs from a lawyer on the court record.
Learn more →
Words that get mixed up
Divorce is a court order that legally ends a valid marriage. In Australia it is no-fault. The usual proof is 12 months of separation. It does not decide children or property. Read the divorce explainer.
Separation is a fact: the couple relationship has ended. You can be separated under one roof. De facto couples separate; they do not divorce. Read separation versus divorce.
A parenting plan is a written, signed and dated agreement about children. It is not a court order. A text message is not a parenting plan. A parenting order is an order of a family court. Compare them in plans versus orders.
A binding financial agreement is a private Family Law Act contract about property or spouse maintenance. Each party needs independent legal advice. It is not a US prenup template and not the same as consent orders. Read the BFA page.
Family dispute resolution is a structured process with an accredited practitioner. Most parenting court applications need a section 60I certificate unless an exception applies — including family violence or urgency. Start at mediation and FDR.
| If you are asking… | Start here | Usually not the first door |
|---|---|---|
| Are we still married on paper? | Divorce / separation | A property percentage |
| Where does the child sleep on Thursday? | Parenting arrangements | A “custody win” slogan |
| What happens to the house and super? | Property settlement | Blame, including adultery |
| Is it safe to negotiate? | Family violence | A joint mediation you have not screened |
Online help is not representation
onlinefamilylawyer.com.au is a general-information publication. It can define divorce, explain a parenting plan, and point you to the FCFCOA or Services Australia. It cannot take you on as a client, appear in court, or tell you what order a judge will make.
A practising lawyer you engage in writing is a different relationship: conflicts checks, a costs agreement, confidentiality and professional duties. Read how online legal help works and when to get personalised advice.
Frequently asked
Divorce in Australia is a court application to end a valid marriage. Under the Family Law Act 1975 (Cth) the ground is irretrievable breakdown, shown by 12 months of separation. You generally apply to the Federal Circuit and Family Court of Australia (or the Family Court of Western Australia if you live in WA). Divorce does not decide parenting or property. This is general information, not advice for your filing.
Separation is when a married or de facto couple stop living together as a couple. Divorce is the court order that legally ends a marriage. You can be separated — including “separated under one roof” — long before a divorce order. De facto couples do not divorce; they separate, and financial or parenting issues are dealt with under family law if they qualify.
You generally need to have been separated for at least 12 months immediately before filing. If you have been married less than two years, extra counselling-related requirements can apply. Confirm current filing rules on the FCFCOA website before you lodge anything.
Australian family courts aim for a just and equitable alteration of property interests. In broad terms, courts identify the asset and liability pool, weigh contributions, consider future needs, and then stand back to check the overall result is just and equitable. There is no automatic 50/50 split and no reliable “we will win” percentage. Adultery is not a factor in the property adjustment itself.
A parenting plan is a written, signed and dated agreement between parents (or other people with parental responsibility) about the care of children. It is not a court order. It can be a practical, flexible record of living arrangements, time, communication and decision-making. It is different from a parenting order, which is made by a court and is enforceable as an order.
In most parenting cases, a person must attempt family dispute resolution (FDR) and obtain a section 60I certificate before filing a parenting application, unless an exception applies — for example family violence, urgency or certain risk issues. Property-only disputes do not use the same 60I rule, but mediation is still commonly used. Check current exceptions with a lawyer or FDR provider.
If you or a child are in immediate danger, call 000. For confidential counselling and referral, contact 1800RESPECT on 1800 737 732 or visit 1800respect.org.au. Family violence can affect parenting, safety planning and court procedure. Do not rely on this site for safety decisions. Speak to police, a specialist service and a lawyer who understands family-violence matters.
Yes — online information, document checklists and, in some cases, limited-scope (unbundled) advice from a practising lawyer can help you understand options. Online information is not the same as full representation. A lawyer who appears for you in court takes on different duties, conflicts checks and engagement terms. This site is educational only and does not represent you.
Consider personalised advice when there is family violence or child-safety risk, a complex asset pool (business, trusts, super, overseas property), a proposed binding financial agreement, time limits, or a court deadline. Early advice can also help you understand FDR, disclosure and what a consent order can and cannot do.
No. Everything on onlinefamilylawyer.com.au is general information about Australian family law. It does not consider your facts, does not create a solicitor–client relationship, and must not be relied on as advice. Speak to a qualified Australian family lawyer or Legal Aid service about your situation.
Have a different question? Browse the full FAQ or contact us.
This site can explain the map. A qualified Australian family lawyer can apply it to your facts. If you are in danger, call 000 or 1800RESPECT on 1800 737 732.